Texas 2013 - 83rd Regular

Texas Senate Bill SB836 Compare Versions

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1	1	By: Hegar S.B. No. 836
2	2	(Bohac)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the powers and duties of the Harris County Municipal
7	7	Utility District No. 171; providing authority to impose a tax and
8	8	issue bonds.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8442 to read as follows:
12	12	CHAPTER 8442. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 171
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8442.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the board of directors of the
16	16	district.
17	17	(2) "District" means the Harris County Municipal
18	18	Utility District No. 171.
19	19	Sec. 8442.002. NATURE AND PURPOSES OF DISTRICT. (a) The
20	20	district is a municipal utility district created under Section 59,
21	21	Article XVI, Texas Constitution.
22	22	(b) The district is created to accomplish the purposes of:
23	23	(1) a municipal utility district as provided by
24	24	general law and Section 59, Article XVI, Texas Constitution; and
25	25	(2) Section 52, Article III, Texas Constitution, that
26	26	relate to the construction, acquisition, improvement, operation,
27	27	or maintenance of macadamized, graveled, or paved roads, or
28	28	improvements, including storm drainage, in aid of those roads.
29	29	SUBCHAPTER B. POWERS AND DUTIES
30	30	Sec. 8442.051. GENERAL POWERS AND DUTIES. The district has
31	31	the powers and duties necessary to accomplish the purposes for
32	32	which the district is created.
33	33	Sec. 8442.052. MUNICIPAL UTILITY DISTRICT POWERS AND
34	34	DUTIES. The district has the powers and duties provided by the
35	35	general law of this state, including Chapters 49 and 54, Water Code,
36	36	applicable to municipal utility districts created under Section 59,
37	37	Article XVI, Texas Constitution.
38	38	Sec. 8442.053. AUTHORITY FOR ROAD PROJECTS. Under Section
39	39	52, Article III, Texas Constitution, the district may design,
40	40	acquire, construct, finance, issue bonds for, improve, operate,
41	41	maintain, and convey to this state, a county, or a municipality for
42	42	operation and maintenance macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8442.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
45	45	road project must meet all applicable construction standards,
46	46	zoning and subdivision requirements, and regulations of each
47	47	municipality in whose corporate limits or extraterritorial
48	48	jurisdiction the road project is located.
49	49	(b) If a road project is not located in the corporate limits
50	50	or extraterritorial jurisdiction of a municipality, the road
51	51	project must meet all applicable construction standards,
52	52	subdivision requirements, and regulations of each county in which
53	53	the road project is located.
54	54	(c) If the state will maintain and operate the road, the
55	55	Texas Transportation Commission must approve the plans and
56	56	specifications of the road project.
57	57	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
58	58	Sec. 8442.101. AUTHORITY TO ISSUE BONDS AND OTHER
59	59	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
60	60	or other obligations payable wholly or partly from ad valorem
61	61	taxes, impact fees, revenue, contract payments, grants, or other
62	62	district money, or any combination of those sources, to pay for a
63	63	road project authorized by Section 8442.053.
64	64	(b) The district may not issue bonds payable from ad valorem
65	65	taxes to finance a road project unless the issuance is approved by a
66	66	vote of a two-thirds majority of the district voters voting at an
67	67	election held for that purpose.
68	68	(c) At the time of issuance, the total principal amount of
69	69	bonds or other obligations issued or incurred to finance road
70	70	projects and payable from ad valorem taxes may not exceed
71	71	one-fourth of the assessed value of the real property in the
72	72	district.
73	73	Sec. 8442.102. TAXES FOR BONDS. At the time the district
74	74	issues bonds payable wholly or partly from ad valorem taxes, the
75	75	board shall provide for the annual imposition of a continuing
76	76	direct ad valorem tax, without limit as to rate or amount, while all
77	77	or part of the bonds are outstanding as required and in the manner
78	78	provided by Sections 54.601 and 54.602, Water Code.
79	79	SECTION 2. The Harris County Municipal Utility District No.
80	80	171 retains all rights, powers, privileges, authorities, duties,
81	81	and functions that it had before the effective date of this Act.
82	82	SECTION 3. (a) The legislature validates and confirms all
83	83	governmental acts and proceedings of the Harris County Municipal
84	84	Utility District No. 171 that were taken before the effective date
85	85	of this Act.
86	86	(b) This section does not apply to any matter that on the
87	87	effective date of this Act:
88	88	(1) is involved in litigation if the litigation
89	89	ultimately results in the matter being held invalid by a final court
90	90	judgment; or
91	91	(2) has been held invalid by a final court judgment.
92	92	SECTION 4. (a) The legal notice of the intention to
93	93	introduce this Act, setting forth the general substance of this
94	94	Act, has been published as provided by law, and the notice and a
95	95	copy of this Act have been furnished to all persons, agencies,
96	96	officials, or entities to which they are required to be furnished
97	97	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
98	98	Government Code.
99	99	(b) The governor, one of the required recipients, has
100	100	submitted the notice and Act to the Texas Commission on
101	101	Environmental Quality.
102	102	(c) The Texas Commission on Environmental Quality has filed
103	103	its recommendations relating to this Act with the governor, the
104	104	lieutenant governor, and the speaker of the house of
105	105	representatives within the required time.
106	106	(d) All requirements of the constitution and laws of this
107	107	state and the rules and procedures of the legislature with respect
108	108	to the notice, introduction, and passage of this Act are fulfilled
109	109	and accomplished.
110	110	SECTION 5. This Act takes effect immediately if it receives
111	111	a vote of two-thirds of all the members elected to each house, as
112	112	provided by Section 39, Article III, Texas Constitution. If this
113	113	Act does not receive the vote necessary for immediate effect, this
114	114	Act takes effect September 1, 2013.